Most Recent Articles
SMU Lexicon: Case Commentary of Ochroid Trading v Chua Siok Lui
Reading Time: 14 minutesIntroduction Where a contract is illegal, the contract is void and the courts will not enforce the contract.[1] Despite the simplicity of the foregoing logic, the concept of illegality in contract law – often used as a defence mechanism in lawsuits – has long vexed students and practitioners alike. As Lady Justice Gloster in Patel v […]
Vietnam Tax Update: New Law on Tax Administration – Key Takeaways
Reading Time: 6 minutesThe new Law on Tax Administration No. 38/2019/QH14 (“LTA” or “new Law”) was passed by the National Assembly in June 2019 will become effective from 1 July 2020. New provisions relating to electronic invoices and electronic documents take effect from 1 July 2022. We summarize below some of the salient features of the new Law. […]
SoSmall Series: Beware of Contracts Bought Online
Reading Time: 3 minutesSoSmall Series: This series focuses to cover various technology topics for championing solo, small businesses and professionals in the legal industry. I am meeting more and more technology companies which have one objective: replace the lawyer! I am generally wary of technology companies that tell me their end goal is to replace a lawyer. Unlike […]
Lawyer Feature: Simon Tan, Managing Director of Attorneys Inc Emphasizes Why Lawyering Needs to Be Multi-Dimensional in Current Times
Reading Time: 6 minutesTucked in a small corner of Raffles Place, Attorneys Inc serves people from all walks of life. Asia Law Network sat down with Simon Tan, Managing Director of Attorneys Inc Limited Law Corporation, who shared his aspirations for the company and drew us closer to the heart of lawyering. Simon was called to the Singapore […]
SMU Lexicon: Ah Boys to Men: Training Deaths and Accountability
Reading Time: 14 minutesI. Introduction Croesus might have been mistaken when he commented that “in peace, sons bury fathers, but in war fathers bury sons”.[1] Training accidents do occur, and soldiers pay the ultimate price. On 18th April 2018, Corporal (“CPL”) Dave Lee, a full-time National Serviceman (“NSF”), succumbed to heat injury following his fast march.[2] Since then, […]
Hong Kong: Tripartite MOU on accessing the audit working papers for compliance
Reading Time: 4 minutesIntroduction Enforcements against corporate fraud and misfeasance have always been top priorities for the Securities and Futures Commission of Hong Kong (the “SFC”). In investigating the business affairs and conduct of a listed issuer, audit working papers of the listed issuer are crucial for the SFC to gain a thorough understanding of the business and […]
[Part 2] Ban Jiun Ean shares about his return to the legal industry
Reading Time: 7 minutes“The Singapore Convention on Mediation is a watershed in the Singapore’s Alternative Dispute Resolution scene…we see online dispute resolution as a key part of the future” In the previous issue of Ban Jiun Ean’s interview, he shared with us his reasons for studying law and his motivations to move to the creative industry. Read on […]
SMU Lexicon: Updating and Rectifying the Constitution: Wong Souk Yee v Attorney-General
Reading Time: 6 minutesI. Introduction The High Court in the recent matter of Wong Souk Yee v Attorney-General[1] introduced techniques of statutory interpretation heretofore absent from Singapore constitutional law. In interpreting Article 49(1) of the Constitution of the Republic of Singapore[2] (“the Constitution”), Chua Lee Ming J (“Chua J”), faced with a seemingly conflicting provision in s 24(2A) […]
Hong Kong: When Would the Court Exercise its Power to Set Aside an Arbitral Award?
Reading Time: 5 minutesIntroduction Hong Kong is a jurisdiction where the policy encourages and upholds the autonomy and finality of arbitration, i.e. a policy of minimal interference with awards.[1] Party seeking the Court’s leave to appeal an arbitral award pursuant to section 5 of schedule 2 of the Arbitration Ordinance (Cap. 609) (the “AO”) must satisfy that the […]
Cambodia: Legal Update September 2019
Reading Time: 2 minutesREINSURANCE BUSINESS LICENSING REINSURANCE ACTIVITIES IN CAMBODIA, Prakas № 323 of the Ministry of Economic and Finance (“MEF”), dated 20 March 2019. Pursuant to Article 41 of the Insurance Law (“Insurance Law 2014”) dated 4 August 2014, insurance activities in Cambodia are categorized into four types including (i) life insurance, (ii) general insurance, (iii) reinsurance […]
[Part 1] From Legal to Creative Industry…Ban Jiun Ean, Executive Director of Singapore Mediation Centre
Reading Time: 6 minutesMr Ban Jiun Ean began his tenure as Executive Director of the Singapore Mediation Centre on 1 July 2019. “The Singapore Convention on Mediation is a watershed in the Singapore’s Alternative Dispute Resolution scene…we see online dispute resolution as a key part of the future.” In this 2-part series, a firm believer in the value […]
SMU Lexicon: The Impact of TFL Management v Lloyds Bank and Relfo v Varsanion Requirements of Enrichment and “At the Claimant’s Expense”
Reading Time: 20 minutesI. Introduction Under the seminal House of Lords decision of Banque Financiere de la Cite v Parc (Battersea), a claimant can make a claim in unjust enrichment if the following elements are shown:[1] The defendant has been enriched; The enrichment was at the claimant’s expense; The enrichment was unjust; and There are no defences. The […]
Personal
SMU Lexicon: A Non-parent’s Maintenance Obligation
Reading Time: 7 minutesIntroduction Imagine you marry someone with a child from a prior relationship. Initially, you do not mind caring for this child. Then, your marriage sours and you no longer want anything to do with your spouse or the child. However, can your initial conduct of caring for the child unknowingly saddle you with a legal […]
Business
Singapore’s latest push as a restructuring and insolvency hub – Amendments to SICC rules
Reading Time: 3 minutesSingapore has earned a budding reputation as a hub for debt restructuring and insolvency in Asia, with its transparent legal system and judicial expertise. This growth can also be attributed to enduring efforts to innovate and reform. To enhance Singapore as a forum of choice in international restructuring and insolvency proceedings, the Rules of Court […]
Most Common and Confusing Legal Words (Legalese) Explained Simply 
Pornography: How Legal is it in Singapore? 
What’s the difference between advocates, solicitors, barristers, counsels, notaries, lawyers and att... 
What constitutes acceptance of a contract? 
Can WhatsApp messages be used in court in Singapore? -
A Summary of “The Rule Of Law” by Tom Bingham: Part 1 
Breaking your rental lease early in Singapore - Hard-selling of beauty services and treatments gone wrong? Here’s how you can get your refund.
“Traditional” vs. “Design and Build” Contracts: What’s the Difference? 
A Guide to Sub-Contracts in the Building and Construction Industry
